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DAUGERT v. HOLLAND FURNACE COMPANY

39992.

107 Ga. App. 566 (1963)

130 S.E.2d 763

DAUGERT v. HOLLAND FURNACE COMPANY.

Court of Appeals of Georgia.

Decided April 3, 1963.

Attorney(s) appearing for the Case

Aaron Baranan, for plaintiff in error.

Nick G. Lambros, Casper Rich, contra.

FELTON, Chief Judge.

"Where the purchaser of personal property has been injured by the false and fraudulent representations of the seller as to the subject matter thereof, he ordinarily has an election whether to rescind the contract, return the article, and sue in tort for fraud and deceit, or whether to affirm the contract, retain the article, and seek damages resulting from the fraudulent misrepresentation. . ." Nichols v. Williams Pontiac, Inc.,

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